Douglas Stalley v. Regency Hospital Company, et al

Filing 920080523

Opinion

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________ No. 07-2578 ___________ Douglas B. Stalley, on behalf of the United States of America, * * * Appellant, * * v. * Appeal from the United States * District Court for the Regency Hospital Company, a * Western District of Arkansas. Delaware Corporation; Regency * Hospital Company, LLC, a Delaware * [UNPUBLISHED] Limited Liability Company; Regency * Hospitals, LLC, a Delaware Limited * Liability Company, * * Appellees. * ___________ Submitted: May 16, 2008 Filed: May 23, 2008 ___________ Before WOLLMAN, BRIGHT, and JOHN R. GIBSON, Circuit Judges. ___________ PER CURIAM. Douglas Stalley appeals the district court's1 dismissal of his action to recover damages allegedly owed to the United States for violations of the Medicare Secondary

The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas.

1

Payer statute, 42 U.S.C. § 1395y (MSP). This court addressed a similar appeal brought by Stalley in Stalley v. Catholic Health Initiatives, 509 F.3d 517, 519 (8th Cir. 2007), and concluded that the suit authorized by the MSP was a "private cause of action, which requires plaintiff to have standing in his own right, rather than a qui tam statute, which allows plaintiff to assert injury to the United States." The court's dismissal was proper. Accordingly, we affirm. See 8th Cir. R. 47B. _______________________

-2-